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Article: Hegemony and post-colonial Hong Kong hybridity: Jūnzǐ, Yi, Xin, and concepts of the rule of law in a Confucian context

TitleHegemony and post-colonial Hong Kong hybridity: Jūnzǐ, Yi, Xin, and concepts of the rule of law in a Confucian context
Authors
Issue Date2016
PublisherOxford University Press. The Journal's web site is located at http://www.oxfordjournals.org/our_journals/cjcl/
Citation
The Chinese Journal of Comparative Law (Forthcoming) How to Cite?
AbstractThe rule of law is commonly understood to incorporate several components that have been proposed as integral to the development and sustainability of a mature democracy: separation of powers; equality before and supremacy of the law; equitable participation in decisionmaking through personal freedoms; public promulgation of laws; transparency and legal certainty; and others. Yet it can often be construed as a Western hegemonic, even neocolonial, globalised concept that has been exported to replace more traditional thoughts of good governance. This paper examines the rule of law in Hong Kong, which emerged from under British rule in 1997 with a deeply ingrained common law system founded upon Western concepts of the rule of law. Yet Hong Kong continues to exhibit in its governance elements of Confucian thought – the junzi (‘gentleman’), ‘yi’ (justice), ‘xin’ (integrity), and ‘li’ (reason). For this reason, it serves as fertile ground for examining the extent of the impact of a globalised hegemony on local populations. I argue that Hong Kong continues to incorporate both systems of governance, exemplifying the persistence of a colonial form of power in the former colony and dependant territory.
Persistent Identifierhttp://hdl.handle.net/10722/231985
ISSN

 

DC FieldValueLanguage
dc.contributor.authorElgebeily, SA-
dc.date.accessioned2016-09-20T05:26:48Z-
dc.date.available2016-09-20T05:26:48Z-
dc.date.issued2016-
dc.identifier.citationThe Chinese Journal of Comparative Law (Forthcoming)-
dc.identifier.issn2050-4802-
dc.identifier.urihttp://hdl.handle.net/10722/231985-
dc.description.abstractThe rule of law is commonly understood to incorporate several components that have been proposed as integral to the development and sustainability of a mature democracy: separation of powers; equality before and supremacy of the law; equitable participation in decisionmaking through personal freedoms; public promulgation of laws; transparency and legal certainty; and others. Yet it can often be construed as a Western hegemonic, even neocolonial, globalised concept that has been exported to replace more traditional thoughts of good governance. This paper examines the rule of law in Hong Kong, which emerged from under British rule in 1997 with a deeply ingrained common law system founded upon Western concepts of the rule of law. Yet Hong Kong continues to exhibit in its governance elements of Confucian thought – the junzi (‘gentleman’), ‘yi’ (justice), ‘xin’ (integrity), and ‘li’ (reason). For this reason, it serves as fertile ground for examining the extent of the impact of a globalised hegemony on local populations. I argue that Hong Kong continues to incorporate both systems of governance, exemplifying the persistence of a colonial form of power in the former colony and dependant territory.-
dc.languageeng-
dc.publisherOxford University Press. The Journal's web site is located at http://www.oxfordjournals.org/our_journals/cjcl/-
dc.relation.ispartofThe Chinese Journal of Comparative Law-
dc.rightsPre-print: Journal Title] ©: [year] [owner as specified on the article] Published by Oxford University Press [on behalf of xxxxxx]. All rights reserved. Pre-print (Once an article is published, preprint notice should be amended to): This is an electronic version of an article published in [include the complete citation information for the final version of the Article as published in the print edition of the Journal.] Post-print: This is a pre-copy-editing, author-produced PDF of an article accepted for publication in [insert journal title] following peer review. The definitive publisher-authenticated version [insert complete citation information here] is available online at: xxxxxxx [insert URL that the author will receive upon publication here].-
dc.titleHegemony and post-colonial Hong Kong hybridity: Jūnzǐ, Yi, Xin, and concepts of the rule of law in a Confucian context-
dc.typeArticle-
dc.identifier.emailElgebeily, SA: ccplaro@hku.hk-
dc.identifier.authorityElgebeily, SA=rp02131-
dc.identifier.hkuros266695-
dc.publisher.placeUnited Kingdom-

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